The Sun. — London, England, 1810-01-01 00:00:00

lA , rnster, and that nothing has *nein even alleged to have occurred, to deprive me of the facility of a.:•- cess. and of the credit to which, according to i„ti mernerial ustge, I am by,that letter 'twilled, I ,e -iieve there (roes not exist in the annals of diplomacy a precedent for such a deterinittation between two Ministers, ti ho have met for the avowed purpose of terminating amicably the existing _differences be tween their respeCtive countries; bu,t after mature reflection, I am induced to acquie.see in it by the re collection of the time . that , must necessarily elap,e before I can receive hi? Majesty's COrPfbaDds upon so unexpected an occurrence, and Of the detriinept that would ensue to the public service, if my Minis terial functions were, in the interval, to be altogether suspended: ;s 4 shall therefore content myself with P.Ploing my protest against a proceeding- which I can consider in no other light thin as a violation, ini my person, of the most essential rights of a Public . .tlinister, when adOpted, as in the present caw, with out any alleged miscondu& on his part. As a mat ter of opinion, I cannot, I own, assent to the pre ference which you give to written over verbal inter course for the purpose of mutual explanation and accommodation. I have thought it duel() tie pub lic charaeler with which I have the honour to be in vested, and to the confidence which his Majesty has most graciously been pleased to repose in me, to state •to;you 'unreservedly my sentiments, on this point; I shall now proceed to the other parts of your letter, and apply them the best considera tion that can arise from. a zeal proportioned to the' increase m pf difficulty thus thrown in the way of the rrestoratn of p thorough good understanding be tween our respeaive countries- You state, Sir, very truly, ,that an arrangement: had been'luade between you and Mr. Erskine, and that his Majesty had thought proper to disavow the agreement. I have, -here in the outset, to regret the loss . of the advantage of verbal intercourse with yeti, as I should have availed myself of it to inquire' whether by your statement, it were your intention com.: plain of the disavowal itself, or 'of a total want of explanation of it, or of the circumstance of that ex planation not' having been areide through me. I observe that in the records of this tnission there is no trace of a complaito„ on the part of the Uuited States, of his Majesty having disavowed the 'aC,l •of his Minister. ' You have not, in the • conferences we 'have hitherto held, •distinaly announced any such complaint, and I have seen, with pleasure, in this forbearance on your'part, an instance of ,that c andour, candour, which; I 'doubt not, will prevail in alt our. Communications,-idasinuch a s yon could not but have thought it unreasonable'to "complain of the disavowal of an aft, done under such.circumstances, as could only lead to the, consequences that - have actually followed. It was not known wlaen I left England, whether Mr. Erskine had, -according' to the liberty alloWed him, communicated to yob in extenso hip original instruCtions. ' It now:appears that he did'hot. But, - in. reverting to his o.4lcial correspondence, 'and par tieularly to a dispatch' addressed, on the 2gth, 'Of April, to his Majesty's Secretary of State for Foreign Affairs, I find that he there states, that he had sub mitted to your cOosideration, the three conditions. specified in those iostruations, as the gronnd-work of air arrangement *Web, according to Information received from this country, it was thoaght in Eng land might be triad, 'with a prospeCt: of great mo tual advantage.* Mr. Erskine then reports verbatim re•ri(stim pzyiobseivaiions upon each of the three conditions, and the - reasons which induced you to think that others, might be subsiittited in lien of them. It may have been concluded between You, that these latter Were an equiValent for the original conditiom; but the very a& of inbatitution evidently spews that those original conditions were, in (aft, very eaplicitly communicated to you„ and by you, of courae,- laid before the President fair his consider ation. I need hardly add, that the • difference tie 7 tween these conditions and those contained in the arraogenient• of the 18th 'and loth April, is Soffi cienil,y obvious to require no tlocidation ; nor need I draiii the conclusion, which I consider* admitted by all absence of complaint, on the' part of the Argeikan Government, viz. that under such cit.- cuniitatices, his Mujeaty had an undoubted 'anti controvertible right to disavow theiaft of his Mini eter. I trust here. allude to a supposition, 'which you have more Ulan once mentioned to me, and by which, if it haa'nny, the .slightest foundAtion, this right Might pe - thatiliave been in some degree a& feCted. You have tiifOrmed me that you understood . that Mr. Erskine had two sets of instructions, by' which to zegulate his conduCta and that upon one of them, which bad not been communicated either to you or to the public, was, to he rested the jtisti fication of the terms finally agreed upon between you and him. It is nak duty,. Sir, solemnly to de clare to.you, and through you, to the President, that the 'dispatch from Mr. Canning to Mr. Erskine, which you have made the basis of an official corres pondence with tbe latter Minister, .and which was yeadhy the fornaei to the American Minister in l a utulon, is the only dispatch by whiCh The' Condi Cons were prescribed to Mr. Erskine for the-con clnsiori of an arrangement with this country On Matter to•WhiCh it relates. ' • •''` " "" " To return to the immediate subjea of your letter. If, Sir, it be your intention:to state; that no expla nation whatever has been given to the American Government of the reasons which induced his Ma jesty to disavow the aal of my predecesSors, 'I must in that case observe, that in 'the Insifuetions convey-' ing to him, his Majesty's •intention; thoSe reasons were very fay and forcibly Stated 5 . and 'if lie has' riot transmitted them to yoU, I can only - attributeit to the peculiar:delieacy and embarrisiMent of'his Si-' tuation; for which ire 'probably truster:VW the Presi dent's - gdodnesa to. make 'some allowance ;''and he might the More sreaaptiably be led to that reilance on it, as A full and ampke'CoMtriunication wasYalso made upon the sub'aeft by his Majesty's Secretary of State for Foreign Affairs; to Mr: 'Pinckney, to whom' the whole of Mr. I.:rskine's origilialiastruCtion was read, and, who, it was natural to, suppgse, would convey 'to his Goverrithent' so intich iiiformation upon 'a very montettious occasion, as would relieve Mr.'Erskine from the necessity of entering into tini ttaute details of the misunderstanding' that- had' oc curred., • At all events, no ceinplaint can . be. sub snantiatad against IVlajesty's Government on this ;Cole, seeing that they 'not' only iiistitaated the Mi riiis who. bad made the disavowed arpingemen t 'as Wi t he motives which occasioned the disavowal, but ..a. ~ , assn franknewt, promptituale, and a most scru/ pulous regat'd to natiolial libuour, gave notice to the American Minister. in London of the disavowal of the *Motives of it, and of the precautions spontane ously taken by his Mak-..sty to prevent any loss or injury accruing to the elliZeils of ;he United States from a reliance on any agreement s however unau thorised, made in his l',l,ljesty's name. The mere a,lusiotl to this latter circumstance dispenses me from' Ciriber noticing the etfv6ts which yoU describe as .be ing produced updn the (Jailed States by the circum stances of this agreement. How fat they are irre, vocable it is not for me to determine--but the word irreparable seems to imply that a loss had been sus , - tained on the occasion by the public or by individuals of this country. So far as his Majesty could be'fiy possibility supposed answerable for such An eyentual loss, he has, as I have before stated, taken the ut most precaution to avert it. _ a former part of this-letter, that the sentiments of the American Government were so different from what they were at first kuldeistood to be, I was not instructed to renew to you those proposals, nor to press upon your acceptance an arrangement wh4.s,h had been so recently declined, especiallytas the•;►r rangement itself is become less important ; and the terms of it less applicable to the state of things tiow existing. Those-considerations..which...were first intimated in' Mr. Canning's official letter to Mr. Pinckney of the 23d 'September, 1808, 'and which, in the pro cess of the following six months acquired greater weight and influence r induced. his Majesty, before the reialt of Mr. Erskine's negociation was known, to modify the Orders in Council ofNavembei, 1807-, by that of the Vith of April, 180 g.. - The effeEt of this new Order is to relieve the sys tem under which .the former Orders were issued,. from that which has always been represented in, this country, as the most objetaionable and offensive part of it—the option given to neutrals to trade with the enemies of Great Britain through Eritish ports on payment of a transit duty. This was originally devised; and intended as a mitigation of what is cer tainly more correct but more rigid in principle 7 7 7- the total and unqualified interdiction of all trade With the enemy. 'lf, hoWever, this ,mitigation was felt as; an aggravation, and, as has been sometimes warmly asserted, as 'an insult, that cause of *com plaint is now entirely *removed. By the Order in Council of the 26th April, 1?09, all trade with France and Holland, and the ports of Italy, corn prehended under the denomination of the kingdom of Italy, is simply prohibited altogether. NO Option is afforded, and consequently no transit duty is re- 7 quired to be. paid; In another respect the Order in Council of the 26th April must be. admitted to be more restrictive than those of November, 1807. The trade with. enemies' colonies, which was open to neutrals at the commencement ,of the pre sent war by the Order in Council of the-24th of Juoe, 1803, was continued to be left open by those. Of I\l6vember, 1807. The Order in Council of the 26th April *retries this indunee. But it is to be ob-erved, that, since that period, When 'the Orders in . Council of November, 1807, were issued, the opening - Of the ports of Spain, of POrtugal, and . of the '.Smith - of Italy,` and of Turkey', has afforded a more ample 'scope to 'neutral ,cOminerce, and that by the i'..apture - of Martinique, in addition to that of almost all the colOnies of the enemies of'Great Britain, together with the - blockade of Guadaloup, the extent to Which the liberty of Comtnerce with enemies" 'Colonies applied, has ii,een so far Rarrowed, that there is little of t4aCtioal liatdsliin in recur; rin; to the rule 'which however occasionally mi tigatid in its application, Great Britain can never Cea-e prirkciple to maintain. It is farther to be Observed, that the Corder inCOuncif Of the 26th April has made thisi operation highly,, fayorirable to EMI... trak, that restrietingthe'regoiations of blockade to, Fn4nCe, Holland, attd their colonies, and' to the territories denorninated the Kingdom of Italy,' it lay • open to toe direct trade of neutrals the ports of the Nor tit of Europe. Under the Order of the 26th.01 - A.rAril, diet enre, while there are on the One .hand fewer points of difference to stand in the ,va ) , of satisfactory arrangement betwen it;reat E t ritain !jotted States, it is possible that there may be Ira's tcmpittuo to the latter to enter into such an arrangement, as the extent at their commerce , 'nay be, if they please , , nearly, as, great' Up4er the Order in Connell of the 26th -April, A it would be under any arrangement 'welch 'shOuld etfeCt the indivensable objects to which that Or der applies, or as it: would - be every , without any such Order, so long as France, and , the Powers subservient to France, continue to enfOrce their Oecrees.. It is, in the' same proportion, matter of hicKerence to Great Britain, Whether the Order in Council be contained, or an arrangement by mg, tual consent snbstiinted in its room. • As to the expedation entertained here, that the explanation of his Majesty's share in this transadion should be made through me, I might content my self with simply' observing, that I was not provided with instructions to that effed, because it was known . that the explanation in question had already been given. But it accords with the sentiments of his Majesty. towards this Country to observe. also, that he considered; that -as • some time must necessarily elapse between my appointment and my entrance on the duties of my Ministry, it would be a More friendly mode of proceeding to state 'without delay, and through the channels I have alieady mentioned; the motives that compelled his' Majesty to disavow the agreement, than to leave the Atherican Goiern 'bent in uncertainty in these respects, till the "un avoidable protradecl period of my arrival in AMerica. 1 say this in regard.to the original 'notification of hiS Majesty's, determination, arid of the motives of it, which being already made, it cot ld not be supposed in London 'that a repetition et- them s;yonld he ex pected from me; and of course no such; caSe has been foreseen in my in,truetions. But, if beyond This any incidental explanation or dismission should be wished for by this '(-;Overnaient, I came fully prepared to enter . into them. Leven consider them to have taken plaee btfweeti U.;. 'I 'have . Certainly' derived great, satisfadion froth the several which we have spetct, iii cotiterente upOn these Sub jects, because they have ettabled n,es to remove sortie misunderstandings, and to refute many rnisiepresens ! tations, ‘vitich you your;elf - inforined‘in Of, in -1* gard to:ehe . condeet of the British Govertir.)ent. consider' sneli rnuta'3l explanations as, highly bene ficial to Jr riltt utiJrrrsta,utliug of the ie%;l;;:and in terests of the two countries, and I stiould wit c h much ,Pleashre have renewed them, it y'ou' had inforiti-• ed me that the 'President hiid been pleased to 'Pres. scribe another and ki;ditferent mecle of conduethig our negociatious. I will nevertheless avail Myself of that mdde whiciL he still permit's to . ,repe'at • to you ~ 'that his. Majesty has. tent horised me, notwithstanding the w . ... gracious manner in which his former offer of sails- . fadieufor , the affair of •the Chesapeake was receiv ed, to renew that Whirls Mr. Erskine was instructed to make. You haVe said that you'so folly under.: stood the particulars of that Otter, that I deem it un necessary to recapitulate them here : I regret, that since they Were so clearly understool 'by )•oti, you should . • not haVe been enabled to. State to, me, either in, Our per46,nal cominonicatioes, or, iu the letter which I ani, now arkwer;ng, whether they are Considered by do President' as satistaenn:y, or 'wire :. trier - they are such as' he ultimately means to accept. You seem not so distindly t'd have understoed the, form of toniceeding in this'alfair, which I teok the liberty of suggesting as likely to lead to a satisfactory result, without, liewev'er; at all precluding any method which m igh't appear preferable to you. My proposal' was, not to communicate a'note tendcriug. satisfaction, bat to at;ree With you'beforehadd •Upoti the terms Of a declaration' on the, part of bi3ll(la jesty;ythicli should aClucaly ti4.3atisfacijon (the conditions of e . iiich I ittiornied you that I Was 'au therised to Carry into amurediate execution), and of a counter declaration to be signed by yini on the part Of the United States; for the purpose of ac s cepting :inch satistadion. I expressly staled that this interchange of official documents was not meant by' rne as, the - means of conveying to, eacti Other our respedive sentiments that 1 und4sof:d to be, as is usual, the'Object of our conferences, acid . I imagined that the pipers to be signed by us re-, ',spectively would be the result of those sentiments so commnnicated, and that by beieg reciprocally cur. retied, and modified., and simultaneously delivered, they would form one compad, by which the two countries would be equally hound.' This course of proceeding is conformabl.e to the practice 'of the Courts of Europe on similar occasions. You did not , at the tithesappear to object to it e yOu even -re quested me to come the next day, prepared with a draft'or reject of A paper, framed in pursuance to these ideas; and although you'dsired to refer the subject to the President for his approbation, I do. not find, in 'your letter either an expression of his sentinierits• unon it, or the sobstiainion of any other form thai 'Wight be more agreeable to him, than the one whiCli 1 have proposed. I touch: With considerable and very sincere relucte ance upon rhat part o-4' your letter, in which you state that I had'uot assigned " any reason whatever why - the reasbilable terms of satisfaction tendefed and accepted have not been carried into effect." I believed that I had obsetned - to you, ia the . words of my instructions, that if his Majesty .were capable o.f being actuated by any.desire to retract an offer-of reparation which he bad once titade, his, Majesty might be well warranted in doing so -both by the form in which his accredited Minister had tendered that reparation, and by the manner in, which that tender iiael been received. I belieVe that leelitcidatecl this observation by, .a reference to, fire partictilat - expressions, which made the terms, of satisfaetifin: r appear to be unacceptable even to ate American GovernMent, at the very moment when they were aceePtede 'and which ,at all events put it totcily out of hii'Mtijesty's power, to ratify and con-, firm any act in. whielCsuch expressions were con-, taineds, • On the subject, of his Mpjesty'a Orders in coun cil, I have had the hotiout'Of ieforming you, that his. Majesty having caused iolre made to the Go- ' 1 ,11E,. liberal Patronage which we have experienced vernment of the United States certain proposals from the Public during the whole of our career, founded upon principles, s_oine'of- mr,',,ii,•ll were utp- Wood to,origizate in American Au,, orities, and, demands at this period a repetition of our ackn ow -' o.hers to be acquiesced in ' - by them; and having ledginents. We trust that we have deserved that aftetwards ascertained, in the A4timersl•cnticslvd in Patronage so , far as consistency in Political Prin. _ . Such, Syr, are, the grounds en which it has appeared to' his Majesty to be unnecessary to QOm... mane* . me to propose to the Gbrrnment of the United States auy fora ai agreement to be stibsti= . tilted for that which his •Maiest t y has been under, the necessity o disavowing ; but lam directed to receive anti discuss with yoia any - proposal,. which you may to;....i:uthOtise,ct to make. to me on this. head. As no diction has hitherto been shewn on yoni part tfiVi apy such . proposal, it 'has, been impossible iAte to state bb anticipation (nor was I instructed do) what might be the answer that I should t/ i ciktually think it my duty to return to you, ci.;e,gnently I Could . not have made with that view statement contained in. the 4th seckiou of your fetter; 3ttd the three subdivisions of it. Such a ciatement Would haVe been obviously inconsistent with the for Mer, part of toy overture, which yoU very correctly record in the 3d section, viz. that was not instructed, to make tai you any proposal-what% ever upon this subject. - I must necessarily reserve, until I hears &pin' you what proposals it may be' deemed proper to mike on behalf of the United States, to'state in how far.they do or do. not accord with the instructions which it has pleased his Majesty to, give me fOr my gui4nee in this nego ciat ion . I will only add, Sir, it couclusion_of this letter,, that his Majesty is very desirous of maintaining a' perfect and cordial understanding • with the United States, and, of bringing to a complete and satisfac tory adjustment all the points of difference that have between' the two Governments; and that, agr'eepg as I do with you, most heartily as to the inlerest which both nations have in fostering a mu.- and.s'olkl friendship and cordiality, no zeal or exertions 'shall be wanting on try part to carry into etfect his Majesty's commands_ for this most salutary purpose. . . . have the hopc,F to be,, with great respect, Sir, your most. obedient servant, E. J. JAcKsus. The Hun. Robert,Stnith, &c. &c. (Tu be continued To-morrow.) TO THE PUBLIC. ciples, and a firm attachment to the British Cot:- stitution, can entitle us to prote&ion and favour. We have never been ensnared by Revolutionary Doftrines and tempting Theories, but have uni formly adhered to that system which was - esta blished by the wisdom and virtue of our abets. ' -tors; and while we resolutely uphold the Preroga. - -free of the Crown, and cordially manifest out reverence and affeaion for our venerable Monarch, welhall never cease to support the just rights or the , People. But we shall not take up the attend lion of our Readers with professions. We may cm fidently refer to the past, and trust 'that it will be received as a satisfaaory pledge of our political reaitude by/the Public in general'; our Readers in particular may be assured that we shall .nevet slacken in our zeal to render Tan Star the chan nel of true Constitutional Principles, and that we shall always be anxious to present to them the earliest and most authentic information. Nor; while we are attentive to the great events which involve the fate of Nations, and particularly relate to the essential interests of this Country, shall we be regardless of what concerns its domestic wekh4 fare and honour. MM LS. Attravirp-2 Dublin, r Waterford. Du L 3 GOttelbtagh, Lisbon, r Watprfard. T SUN. •vt - • ' fOLEM QUIS nicz4z A..un!k4T! LONDON, ' MONDAY, JANyARY j, 1810. We yesterday received ET:evci Papers to the 24th ult. from which we have made several 'extrads..-.! It is evident that BLIONAMITE is hastening forwar4 with rapid strides, to the objea which he basso long had in view, viz. that of assuming the title of "Ern peror of th 9 West." An article from gatisboN which haS all the marks of being an official one, dis. ticaly avows tho intention. 'While the Continent ' is in the present abject state of slavery to BUONA, PARTS, it matters little what title he may assume. It May gratify , his vanity, but cannot augment his power. These papers give us no information res pecting the successor to q2SEPiptili j the general opinion however, seems to be the Trincess Saxony. It was with the deepest concern that we read thcl account of the surrender of Gerona. Surrounded by a great snperiority of force, deprived of all hopes of relief, their out-worltsearried, and their provisions' exhausted, the vliant gar. - ison, .after trying the Or , for; of a vigorous sortie, were compelled to, surreal der prisoners of war. Whatever (nay be the ulti,.! mate fate of Spain, the heroic condud of the de fenders of Saragossa and Pelona . will refith ho nour upon the whole nation, and will live for ever is the page of history. The French acknowledge that, with th,eir usual cruelty, they murdered all the Spa* niards that they kund in suburbs. , The Antwerp Paper contains a Letter from tbe,_ . IT,trOor Peneral of the Customs, forbidding the,i4nt por,tation of all articles carrying clirOtly o iodire4ly from .\ rogricp, withoot the express permissim of EVONAPARTB. The anse Towns, a t re,to be called tree Imperial Un4adt Cities, under the prote&ion of France; they, are to faraish their contingent for the Army, and' are to be plundered as often as occasi9 ma require. • We, preE t en.t t. 9 our Readers this day a. part of Correspondence between Mr. JAcKsoti and Mr: Smyra, relative to our differences with the Am.ericaa Government, but shall torbear all comments till wq have submitted the whole to the Public. A silly rumour has found. its way into the Public Prints, stating, that such serious disputes have arisen between the INPrcluis IV:ELLEst.EV and Mr. PEAICE. , V,AL, as could only be settled by an appeal to arms. The Princess AmeLta. is, we are sorry to State, so, - I ill, that hit faint hopes are now entertained of her goyal Highness's recovery. It is said that the troops now embarking at Ports mouth, which were intended for Portugal, are 'to proceed. to Halifax. Another embarkation, for the same destination, is immediately to take place at Cork. A communication, dated Petersburgh, Nov. 11; Iv* on Saturday received from . an unknown 'cor respondent, which, if . true, affords . a fresh instance of the overbearing insolence of French Ambassa dors but some doubts are entertained of 'its au- thenticity.. states, - that the French Ambassa- , dor, CAULIN COURT, has informed the Russian Mi. .nister, in a note, that -he was informed a quan- " 'city of English property-Iliad been -:surfered to re main in different wrilielroirses at Bucharest, - in Wallachia—and he reijiieSts the Russian Ministe to give immediate orders for the seizure of the same, and putting the "English pa iierS under seal, He says he will make the Russian 'Minister re sponsible for the seizure 'of those docurrients. In two days a:ter this comunication, the Russian Go- " vernment sent dispatches to the liad-quarters ,of the Russian army in Wallachia, and secret instrua,- tions 'to the Diplomatic agent in' Servia.